THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. (b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement. (c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B. (d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v) (1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement. (e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. (f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.their own document retention policies.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made.
(f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this AgreementAgreement and as ordered by the Court. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s 's records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the Non-Disclosure extent Class Counsel receives a copy of the class list, it shall be subject to the protective order issued in this case and Confidentiality Agreement attached hereto as Exhibit B.shall not be used for any purposes other than the implementation of this Agreement.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall be responsible for providing any notice as required under the Class Action Fairness Act, 28 U.S.C. § 1715. Defendant shall be responsible for costs associated with the notice provided for under this Section 11(e).
(f) Claims Administrator shall provide the data in its claims administration database to Defendant’s 's Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement.
(fg) Within one hundred-hundred ninety (190) days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s 's records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. To the Non-Disclosure extent Class Counsel receives a copy of the class list, it shall be subject to the protective order issued in this case and Confidentiality Agreement attached hereto as Exhibit B.shall not be used for any purposes other than the implementation of this Agreement.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Defendants’ Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement.
(f) Within one hundred-hundred ninety (190) days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendants Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.their own document retention policies.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made.
(f) Within one hundred-ninety (190) days after the Effective DateDate or such earlier date as requested by Class Counsel, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve six (126) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B..
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Named Plaintiffs and Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email e-mail request. The Any written request shall be copied on to all parties. Such information shall be used only for purposes of the other party when madeimplementation of this Agreement.
(f) Within one hundred-hundred ninety (190) calendar days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Amended Agreement.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Amended Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Amended Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendant’s Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Amended Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made.
(f) Within one hundred-hundred ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims AdministratorAdministrator (including amounts credited to customers directly by Defendant), the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement. The retainer agreement shall include provisions requiring that all Class Member data shall be strictly confidential and secured by the Claims Administrator by means of recognized data security measures, and shall not be disclosed other than as provided for under the terms of this Agreement or as ordered by the Court.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve six (126) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B..
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Named Plaintiff and Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email e-mail request. To the extent Class Counsel requires access to individual member data and/or a complete class list, it must first consult with Defendant’s Counsel and obtain Defendant’s Counsel’s written consent that the Claims Administrator can provide such data to Class Counsel. To the extent the Class Counsel and Defendant’s Counsel cannot reach an agreement as to whether Class Counsel is entitled to receive individual member data and/or a class list, the Xxx. Xxxxxx X. Butcher, who mediated this case, shall resolve the issue. The written request shall be copied to the other party when made. Such information shall be used only for purposes of the implementation of this Agreement.
(f) Within one hundred-hundred ninety (190) calendar days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims AdministratorMembers,, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. At the approval hearing held by the Quebec Court, as described in Section 2, above, the Plaintiff will propose a Claims Administrator and a Claims Administrator to be agreed upon by the Parties and appointed by the Quebec Court for the purposes of, under the authority of the Quebec Court, processing and classifying the Registration & Claim Forms, Product Identification Documentation, Supporting Medical Documentation and Releases of Dow Corning and the Released Parties, assigning the status of Approved Claimant to Eligible Claimants and paying such Approved Claimants, all as provided in this Agreement, including the provisions and procedures set forth in the Claims Administration Procedures.
(ai) The Claims Administrator shall execute a retainer agreement that shall providebe required to administer the Settlement Amount and process claims in accordance with this Agreement, among other things, that including the provisions and procedures set forth in the Claims Administration Procedures set forth in Exhibit D hereto.
(ii) The Claims Administrator shall be bound bilingual and, for purposes of convenience, shall have offices established in the provinces of Quebec.
(iii) The Claims Administrator shall prepare and submit to the Quebec Court for approval, budgets for the organization and operation of the administration of the claims procedures hereunder.
(iv) The Claims Administrator and any employee of the Claims Administrator assisting in the processing of claims shall be required to sign a confidentiality statement by which such employees shall agree to keep confidential any information concerning members of the Quebec Class and shall perform institute procedures to assure that the obligations imposed on it under identity of all members of the terms of Quebec Class and all information regarding their claims will be kept confidential and not be provided to persons except as required by law and as otherwise may be permitted by this Agreement.
(bv) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. All data created and/or obtained and maintained removal by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.
(d) The Claims Administrator also shall be responsible Quebec Court for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreementcause.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made.
(f) Within one hundred-ninety (190) days after the Effective Date, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Dow Corning Breast Implant Litigation Settlement Agreement
THE CLAIMS ADMINISTRATOR. (a) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that the Claims Administrator shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement.
(b) The Claims Administrator shall be subject to the jurisdiction of the Court with respect to the administration of this Agreement.
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. herein. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Defendant’s Counsel, or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with their own document retention policies. Class Counsel shall not be permitted to contact or communicate with Class Members, other than for purposes relating to the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.implementation or verification of performance of the terms of this Agreement.
(d) The Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied to the other party when made.
(f) Within one hundred-hundred ninety (190) days after the Effective DateDate or such other date as required by the Court, the Claims Administrator shall prepare a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administrator.
Appears in 1 contract
Samples: Settlement Agreement
THE CLAIMS ADMINISTRATOR. (ai) The Claims Administrator shall execute a retainer agreement that shall provide, among other things, that Appointment of the Claims Administrator After the Registration/Voting Deadline and before the Effective Date, Dow Corning, Certain Australian Counsel, and/or any member of the Voluntary Australian Subclass will nominate a panel of candidates for the position of Claims Administrator, from which the Trustee shall be bound by and shall perform the obligations imposed on it under the terms of this Agreement.
(b) appoint one Claims Administrator. The Claims Administrator shall be subject to removal by the jurisdiction Trustee or the Supreme Court of Victoria, for cause, and shall be replaced if necessary by the Trustee. The Claims Administrator (or his or her successor or replacement) shall be
(A) if an individual, a person over the age of thirty-five (35) whose experience and background are appropriate for the responsibilities hereunder, and (B) if an individual or an entity, at the time of appointment and at all times during the term of service, independent. For purposes of this Settlement Option and the Dow Corning/Australia Settlement Trust, a person is not independent if such person has any of the Court characteristics or relationships with respect Dow Corning or any of the other Released Parties, Certain Australian Counsel, Certain Australian Claimants or other members of the Voluntary Australian Subclass as are set forth in Article IV, Subparagraph 4.02(c) of the Settlement Facility Agreement as characteristics or relationships that would prevent a candidate thereunder from being considered “independent.”
(ii) Duties of the Claims Administrator Under the ongoing supervision and authority of the Trustee and in accordance with the terms herein, including the provisions and procedures set forth in the Claims Administration Procedures, the Claims Administrator shall:
(a) administer the Settlement Amount;
(b) prior to approving any claim, provide to Dow Corning the administration Settling Australian Claimants’ properly completed and executed Release and Indemnification of this Agreement.Dow Corning and the Released Parties;
(c) The Claims Administrator shall keep all information regarding Class Members confidential except as otherwise provided herein pursuant to the terms of a Non- Disclosure and Confidentially Agreement substantially similar to Exhibit B. All data created and/or obtained and maintained by the Claims Administrator pursuant to this Agreement shall be destroyed twelve (12) months after the Final Report is submitted to the Court, provided that Class Counsel and Defendants’ Counsel, establish an office or either of them, at their own cost, shall receive a complete digital copy of the Claims Administrator’s records, together with a declaration establishing completeness and authenticity, which they may maintain consistent with the Non-Disclosure and Confidentiality Agreement attached hereto as Exhibit B.offices in Australia;
(d) The appoint Claims Administrator also shall be responsible for timely and properly filing all tax returns necessary or advisable, if any, with respect to the Settlement Fund. Defendant shall be required to report amounts credited to members Officers pursuant to subsection 8(d)(v)
(1) on each member’s annual statement. Except as provided herein, Class Members shall be responsible for their own tax reporting of payments or credits received under the terms of this Agreement.Paragraph 9.2 below;
(e) The Claims Administrator shall provide the data in its claims administration database to Defendant’s Counsel and/or Class Counsel in response to any written request, including an email request. The written request shall be copied prepare and submit to the other party when made.Trustee for approval budgets for the organization and operation of the Claims Administration Procedures;
(f) Within one hundred-ninety cooperate fully with any independent auditor appointed by the Trustee; and
(190g) days after establish confidentiality procedures to ensure the Effective Dateconfidentiality of all information concerning the members of the Voluntary Australian Subclass and any information about claimants, provided by Dow Corning, the Claims Administrator shall prepare U.S. Bankruptcy Court, except as specifically provided otherwise by law, including, but not limited to, requiring all employees to sign a declaration setting forth the total payments issued to Class Members by the Claims Administrator, the total amount of any checks uncashed and/or returned, and the total amount of money being held by the Claims Administratorconfidentiality statement.
Appears in 1 contract
Samples: Settlement Agreement